ROD D. MARGO_ SBN 97706 STEPHEN R. GINGER_ SBN 105433

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ROD D. MARGO_ SBN 97706 STEPHEN R. GINGER_ SBN 105433 Powered By Docstoc
					1    ROD D. MARGO, SBN 97706
     STEPHEN R. GINGER, SBN 105433
2
     SCOTT D. CUNNINGHAM, SBN 200413
     WILL S. SKINNER, SBN 206031
3
     CONDON & FORSYTH LLP
4    1801 Ave. of the Stars, Suite 1450
     Los Angeles, California 90067
5    Telephone: (310) 557-2030
     Facsimile: (310) 557-1299
6
     Attorneys for Defendant
7    SINGAPORE AIRLINES LTD.
8
     FRANCIS G. FLEMING
9
     KREINDLER & KRIENDLER
     100 Park Avenue
10   New York, New York 10017
     Telephone: (212) 687-8181
11   Facsimile: (212) 972-9432

12   BRIAN J. PANISH
     GREENE, BROILLET, TAYLOR WHEELER & PANISH
13   100 Wilshire Boulevard, 21ST Floor
     Santa Monica, California 90401
14
     Telephone: (310) 576-1200
15
     WALTER J. LACK
16   STUART R. FRAENKEL
     ENGSTROM, LIPSCOMB & LACK
17   10100 Santa Monica Boulevard, 16th Floor
     Los Angeles, California 90067
18   Telephone: (310) 552-3800
     Facsimile: (310) 552-9434
19   ON BEHALF OF ALL PLAINTIFFS' COUNSEL
20

21

22

23

24

25

26

27




       CASE MANAGEMENT ORDER NO. 1
                                                       1                            UNITED STATES DISTRICT COURT
                                                       2
                                                                                   CENTRAL DISTRICT OF CALIFORNIA
                                                       3
                                                            IN RE                                    MDL NO. 1394-GAF
                                                       4
                                                            AIR CRASH AT TAIPEI, TAIWAN,
                                                       5    ON OCTOBER 31, 2000                      CASE MANAGEMENT ORDER NO. 1

                                                       6                                             This Document Relates to:

                                                       7                                             ALL CASES
                                                       8

                                                       9

                                                       10

                                                       11
CONDON & FORSYTH LLP

                       Los Angeles, California 90067
                        Telephone: (310) 557-2030




                                                       12
                         1801 Avenue of the Stars




                                                            I.     APPLICATION
                                                       13

                                                                    This Order shall apply to those actions transferred to this
                                                       14

                                                       15   Court by the Judicial Panel on Multidistrict Litigation pursuant to

                                                       16   the Panel's Transfer Order dated April 18, 2001, as well as all

                                                       17   Related Actions originally filed in the United States District Court,
                                                       18   Central District of California, or otherwise transferred or removed
                                                       19
                                                            to this Court.         This Order shall also apply to any "tag-along"
                                                       20
                                                            actions transferred to this Court by the Judicial Panel on
                                                       21
                                                            Multidistrict Litigation pursuant to Rule 12 of the Rules of
                                                       22
                                                            Procedure of the Judicial Panel for Multidistrict Litigation,
                                                       23
                                                            subsequent to the filing of the final Transfer Order by the Clerk of
                                                       24

                                                            this Court, and any Related Actions subsequently filed in this Court
                                                       25

                                                       26   or otherwise transferred or removed to this Court.          A list of the

                                                       27




                                                                 CASE MANAGEMENT ORDER NO. 1     2
                                                       1    actions filed, transferred, or removed to this Court is attached to
                                                       2
                                                            this Order as Appendix A.
                                                       3
                                                                   Within twenty (20) days after service of this Order by
                                                       4
                                                            Plaintiffs' Liaison Counsel as set forth below, any party may object
                                                       5
                                                            to the application of this Order, or any provisions contained herein,
                                                       6
                                                            by filing an application for relief with the Court.
                                                       7

                                                       8

                                                       9
                                                            II.    CONSOLIDATION

                                                       10          In accordance with Rule 42(a) of the Federal Rules of Civil

                                                       11   Procedure, the actions subject to this Order are hereby consolidated
CONDON & FORSYTH LLP

                       Los Angeles, California 90067
                        Telephone: (310) 557-2030




                                                       12   for pretrial purposes only, and this case will hereinafter be
                         1801 Avenue of the Stars




                                                       13   referred to as "In Re Air Crash Disaster at Taipei, Taiwan on October
                                                       14
                                                            31, 2000," MDL No. 1394 ("the Consolidated Actions").
                                                       15

                                                       16
                                                            III.    MASTER FILE AND MASTER DOCKET
                                                       17
                                                                   A.   A Master File is hereby established for the pleadings and
                                                       18
                                                            papers filed in the Consolidated Actions, and for all other cases
                                                       19

                                                            filed in or transferred or removed to this Court and consolidated
                                                       20

                                                       21   with the Consolidated Actions.        The Master File shall be denominated

                                                       22   Misc. No.           , and MDL No. 1394.    An

                                                       23   original of the Order shall be filed by the Clerk of Court in the

                                                       24   Master File, and Plaintiff's Liaison Counsel shall mail a copy of
                                                       25
                                                            this Order to counsel of record in each of the Consolidated Actions.
                                                       26

                                                       27




                                                              CASE MANAGEMENT ORDER NO. 1     3
                                                       1         B.   When a case which relates to any claim or cause of action
                                                       2
                                                            which is embraced by the Consolidated Actions is filed in or removed
                                                       3
                                                            or transferred to this Court, the Clerk of Court shall:
                                                       4
                                                                       1.    Notify Plaintiffs' Liaison Counsel of the filing,
                                                       5
                                                            removal, or transferred of such action; and
                                                       6
                                                                       2.    Make the appropriate entry in the Master Docket.
                                                       7

                                                       8

                                                       9
                                                                 C.   Every pleading or paper filed in the Consolidated Actions

                                                       10   shall have the following caption:

                                                       11                        UNITED STATES DISTRICT COURT
CONDON & FORSYTH LLP

                       Los Angeles, California 90067
                        Telephone: (310) 557-2030




                                                       12                       CENTRAL DISTRICT OF CALIFORNIA
                         1801 Avenue of the Stars




                                                       13

                                                       14
                                                            IN RE AIRCRASH at TAIPEI, TAIWAN        )
                                                                                                  MISC. NO.
                                                       15
                                                                                                  )
                                                            ON OCTOBER 31, 2000                   )    MDL. NO. 1394
                                                       16                                         )
                                                                                                  )    This Document Relates to:
                                                       17                                              ALL CASES

                                                       18        The Clerk shall file all such pleadings and papers in the
                                                       19   Master File and note such filings on the Master Docket.      No further
                                                       20
                                                            copies need be filed, or docket entries made, except as set forth
                                                       21
                                                            below.    All orders, pleadings and papers filed in the Master File
                                                       22
                                                            shall be deemed filed and entered in each individual action.        In the
                                                       23
                                                            event of an appeal, the Clerk is directed to provide the Ninth
                                                       24
                                                            Circuit Court of Appeals with a copy of the Master Docket, as well as
                                                       25

                                                            the docket for the individual cases in the Consolidated Actions.
                                                       26

                                                       27




                                                              CASE MANAGEMENT ORDER NO. 1     4
                                                       1            D.   When a paper is intended to apply to one or more, but not
                                                       2
                                                            all of the actions, this Court's docket number for each such
                                                       3
                                                            individual action to which the paper is intended to apply and the
                                                       4
                                                            last name of the first named plaintiff therein shall appear
                                                       5
                                                            immediately below the words "This Document Relates to:" in the
                                                       6
                                                            caption set forth above.           The Clerk shall file all such pleadings and
                                                       7
                                                            papers in the file pertaining to each such individual action, and
                                                       8

                                                       9
                                                            shall note such filing on the docket for the individual action.

                                                       10

                                                       11   IV.     ADMISSION OF ATTORNEYS
CONDON & FORSYTH LLP

                       Los Angeles, California 90067
                        Telephone: (310) 557-2030




                                                       12           All attorneys of record to the parties in the Consolidated
                         1801 Avenue of the Stars




                                                       13   Actions are deemed admitted pro hac vice to practice before this
                                                       14
                                                            Court, and no pro hac vice applications for admission to practice by
                                                       15
                                                            counsel of record are required.            No counsel of record for any party
                                                       16
                                                            shall be required to obtain local counsel in the Central District of
                                                       17
                                                            California.
                                                       18

                                                       19

                                                       20   V.     ORGANIZATION OF PLAINTIFFS' COUNSEL

                                                       21           A. Prosecution of the pretrial aspects of this litigation on

                                                       22   behalf of plaintiffs shall be undertaken by the Plaintiffs' Steering

                                                       23   Committee ("PSC"), and managed/coordinated by the
                                                       24
                                                            Administrative/Management Committee members thereof ("PAC").            The
                                                       25
                                                            members of the Plaintiffs' Steering Committee and
                                                       26
                                                            Plaintiffs' Administrative/Management Committee are identified
                                                       27
                                                            (alphabetically) as follows:

                                                                 CASE MANAGEMENT ORDER NO. 1       5
                                                       1                                  Baum, Hedlund, Aristei, Guilford
                                                                                          & Downey
                                                       2                                  John Greaves, Esquire
                                                                                          12100 Wilshire Boulevard
                                                       3
                                                                                          Suite 950
                                                       4                                  Los Angeles, California 90025

                                                       5                                  Clifford Law Offices, P.C.
                                                                                          Kevin Durkin, Esquire
                                                       6                                  120 N. LaSalle, 31st Floor
                                                                                          Chicago, Illinois 60602
                                                       7
                                                                                          Cotchett, Pitre & Simon (PAC)
                                                       8
                                                                                          Frank M. Pitre, Esquire
                                                       9
                                                                                          840 Malcolm Road, Suite 200
                                                                                          Burlingame, California 94010
                                                       10
                                                                                          Engstrom, Lipscomb & Lack (PAC)
                                                       11                                 Walter J. Lack, Esquire
                                                                                          Stuart R. Fraenkel, Esq.
CONDON & FORSYTH LLP

                       Los Angeles, California 90067
                        Telephone: (310) 557-2030




                                                       12                                 10100 Santa Monica Boulevard
                         1801 Avenue of the Stars




                                                                                          16th Floor
                                                       13                                 Los Angeles, California 90067
                                                       14
                                                                                          Greene, Broillet, Taylor, (PAC)
                                                       15
                                                                                          Wheeler & Panish, L.L.P.
                                                                                          Brian J. Panish, Esquire
                                                       16                                 100 Wilshire Boulevard Suite 2100
                                                                                          P. 0. Box 2131
                                                       17                                 Santa Monica, California 90407-2130

                                                       18                                 Kreindler & Kreindler . (PAC)
                                                                                          Francis G. Fleming, Esquire
                                                       19                                 Brian J. Alexander, Esquire
                                                                                          100 Park Avenue
                                                       20
                                                                                          New York, New York 10017
                                                       21

                                                       22                                 Law Offices of J. Paul Stockdale
                                                                                          J. Paul Stockdale, Esquire
                                                       23                                 795 East 24th Street
                                                                                          Ogden, Utah 84401
                                                       24
                                                                                          Magana, Cathcart & McCarthy
                                                       25
                                                                                          Peter T. Cathcart, Esquire
                                                                                          Charles M. Finkel, Esquire
                                                       26
                                                                                          1801 Avenue of the Stars, Suite 810
                                                       27                                 Los Angeles, California 90067-5899



                                                            CASE MANAGEMENT ORDER NO. 1         6
                                                       1                                    The Nolan Group (PAC)
                                                                                            Donald J. Nolan, Esq.
                                                       2                                    Manuel R. Ribbeck, Esquire
                                                                                            20 North Clark Street, 30th Floor
                                                       3
                                                                                            Chicago, Illinois 60602-4019
                                                       4
                                                                                            Nurenberg, Plevin, Heller
                                                       5                                    & McCarthy Co. L.P.A.
                                                                                            Jamie R. Lebovitz, Esquire
                                                       6                                    Kathleen St. John, Esquire
                                                                                            Brenda Johnson, Esquire
                                                       7                                    1370 Ontario Street, Suite 100
                                                                                            Cleveland, Ohio 44113-1792
                                                       8

                                                       9
                                                                                            Speiser Krause
                                                                                            Juanita M. Madole, Esquire
                                                       10                                   John J. Veth, Esquire
                                                                                            One Park Plaza, Suite 470
                                                       11                                   Irvine, CA 92614-8520
CONDON & FORSYTH LLP

                       Los Angeles, California 90067
                        Telephone: (310) 557-2030




                                                       12                                   Sterns & Walker (PAC)
                         1801 Avenue of the Stars




                                                                                            Gerald C. Sterns, Esquire
                                                       13                                   901 Clay Street
                                                                                            Oakland, California 94607
                                                       14

                                                       15
                                                                 The duties, responsibilities and makeup of the PAC is subject
                                                       16
                                                            to modification by the PSC, by agreement, and subject to Court
                                                       17
                                                            approval.
                                                       18
                                                                 B.   The PSC is vested by the Court with the following
                                                       19

                                                            responsibilities and duties relating to this action in order to
                                                       20

                                                       21   consolidate and coordinate discovery and to prevent duplication of

                                                       22   effort or duplicative papers on behalf of plaintiffs:

                                                       23               1.   To advance the common interests of the

                                                       24               Plaintiffs in the prosecution of the issues of
                                                       25
                                                                        liability in the actions against Defendants;
                                                       26
                                                                                                              2.   To conduct
                                                       27
                                                                        the examination of witnesses in depositions as


                                                              CASE MANAGEMENT ORDER NO. 1         7
                                                       1               they deem appropriate subject to the right of
                                                       2
                                                                       non-PSC members to attend and submit questions
                                                       3
                                                                       to the examining Plaintiff's attorney;
                                                       4
                                                                                            3.   To coordinate and direct the
                                                       5
                                                                       pretrial preparation of this matter and to
                                                       6
                                                                       delegate work responsibilities to selected
                                                       7
                                                                       counsel as may be required;
                                                       8

                                                       9
                                                                                   4.   To avoid conducting duplicative

                                                       10              discovery or filing duplicative pleadings; and

                                                       11                         5. To perform such other functions as
CONDON & FORSYTH LLP

                       Los Angeles, California 90067
                        Telephone: (310) 557-2030




                                                       12              may be authorized by further Order of this
                         1801 Avenue of the Stars




                                                       13              Court.
                                                       14
                                                                 C.   The PAC is vested by the Court with the following
                                                       15
                                                            responsibilities and duties relating to this action on behalf of the
                                                       16
                                                            Plaintiffs:
                                                       17
                                                                       1.    To designate persons to brief and argue motions;
                                                       18
                                                                       2.    To initiate and coordinate the conducting of written
                                                       19

                                                            and oral discovery proceedings;
                                                       20

                                                       21
                                                                       3.    To designate spokespersons and pretrial conferences;

                                                       22              4.    To call meetings of plaintiffs' counsel as they deem

                                                       23   necessary and appropriate from time to time;

                                                       24              5.    To provide general coordination of activities of
                                                       25
                                                            plaintiffs' counsel and to delegate work responsibilities to selected
                                                       26
                                                            counsel, including non-PSC members as may be required;
                                                       27




                                                              CASE MANAGEMENT ORDER NO. 1          8
                                                       1               6.    To coordinate this matter with any other related
                                                       2
                                                            litigation not otherwise referred to herein;
                                                       3
                                                                       7.    To provide periodic reports to non-PSC plaintiffs'
                                                       4
                                                            counsel concerning the status of the litigation on no less than a
                                                       5
                                                            quarterly basis;
                                                       6
                                                                       8.    To establish and maintain a depository for all
                                                       7
                                                            documents served upon Plaintiffs' counsel and to make such files
                                                       8

                                                       9
                                                            available to counsel for all plaintiffs upon request; and

                                                       10              9.    To bind the PSC and PAC in scheduling depositions,

                                                       11   setting agenda and otherwise interacting with defense counsel.
CONDON & FORSYTH LLP

                       Los Angeles, California 90067
                        Telephone: (310) 557-2030




                                                       12        D.   Attorney Juanita M. Madole, Esq. of the law firm of Speiser
                         1801 Avenue of the Stars




                                                       13   Krause, shall serve as Plaintiffs' Liaison Counsel.     Plaintiffs'
                                                       14
                                                            Liaison Counsel shall be authorized to receive notices on behalf of
                                                       15
                                                            plaintiffs and shall be responsible for the preparation and
                                                       16
                                                            transmittal of copies of such notices as they may receive as Liaison
                                                       17
                                                            Counsel to each of the attorneys included on the list prepared in
                                                       18
                                                            accordance with applicable Local Rules.     Plaintiffs' Liaison Counsel
                                                       19

                                                            shall also have the following duties and responsibilities:
                                                       20

                                                       21
                                                                       1.    To maintain a current Master Service List of all

                                                       22   counsel of record; and

                                                       23              2.    To maintain records of receipts and disbursements for

                                                       24   liability, investigation and related matters advanced by members of
                                                       25
                                                            the PSC and received by the PSC and to report in writing to the PSC
                                                       26
                                                            concerning disbursements and receipts; and
                                                       27




                                                              CASE MANAGEMENT ORDER NO. 1     9
                                                       1               3.    To notify the PSC and counsel for all defendants or
                                                       2
                                                            the filing and transfer of any case which relates to any claim or
                                                       3
                                                            cause of action which is embraced with the scope of the Consolidated
                                                       4
                                                            Actions.
                                                       5
                                                                  All parties shall submit to Plaintiffs' Liaison Counsel a list
                                                       6
                                                            of attorneys for the purpose of preparation, maintenance and
                                                       7
                                                            distribution of a Master Service List.     The Master Service List as of
                                                       8

                                                       9
                                                            July 1, 2001 is attached hereto as Appendix B.     The Master Service

                                                       10   List, as periodically updated, shall be maintained by the Clerk and

                                                       11   Liaison Counsel in the service of any paper or Order.
CONDON & FORSYTH LLP

                       Los Angeles, California 90067
                        Telephone: (310) 557-2030




                                                       12
                         1801 Avenue of the Stars




                                                       13   VI.   PLAINTIFFS' STEERING COMMITTEE EXPENSES
                                                       14
                                                                  It is the opinion of the Court that certain measures must be
                                                       15
                                                            taken to ensure the presence of an expense fund from which, at least
                                                       16
                                                            in part, the pretrial expenses of Plaintiffs' Steering Committee,
                                                       17
                                                            acting in its representative capacity, and of any attorneys
                                                       18
                                                            performing services at their direction and request will be paid or
                                                       19

                                                            reimbursed.
                                                       20

                                                       21
                                                                  The PSC, and attorneys performing services at their direction

                                                       22   and request, shall be reimbursed for all reasonable expenses (except

                                                       23   travel expenses which shall be considered at or before the conclusion

                                                       24   of these pretrial proceedings) incurred by its members in the
                                                       25
                                                            performance of their duties.     Such reimbursement shall be assessed as
                                                       26
                                                            follows:
                                                       27




                                                              CASE MANAGEMENT ORDER NO. 1    10
                                                       1       A.   Within thirty (30) days from the date of this Order
                                                       2
                                                               for pending cases and for other cases at the time of the
                                                       3
                                                               commencement, transfer, or removal of any lawsuit against
                                                       4
                                                               any defendant in this litigation before this Court or any
                                                       5
                                                               other United States District Court subject to the
                                                       6
                                                               conditional transfer order pending in this litigation,
                                                       7
                                                               counsel for the Plaintiff in each such case
                                                       8

                                                       9
                                                               will deposit with Liaison Counsel the sum of $2,500.00 per

                                                       10      passenger to be used on an ongoing basis for the payment of PSC

                                                       11      costs and expenses. Liaison Counsel shall retain an interest
CONDON & FORSYTH LLP

                       Los Angeles, California 90067
                        Telephone: (310) 557-2030




                                                       12      bearing account for these Rinds at a federally insured (FDIC)
                         1801 Avenue of the Stars




                                                       13      financial institution. Within six (6) months from the date of
                                                       14
                                                               this Order for pending cases and for other cases at the time of
                                                       15
                                                               the commencement, transfer, or removal of any lawsuit against
                                                       16
                                                               any defendant in this litigation before this Court or any other
                                                       17
                                                               United States District Court subject to the conditional
                                                       18
                                                               transfer order pending in this litigation, counsel for the
                                                       19

                                                               Plaintiff in each such case will deposit with Liaison Counsel
                                                       20

                                                       21      an additional $2,500.00 per decedent. The combined $5,000.00

                                                       22      per Plaintiff advancement shall be credited against any further

                                                       23      expense assessment made against each case pursuant to the terms

                                                       24      of this Order. The monies advanced by counsel, as stated above,
                                                       25
                                                               will be returned to counsel without interest when the one
                                                       26
                                                               percent (1%) withheld provided for in paragraph VI(A) is
                                                       27
                                                               deposited. Furthermore, the $5,000 per passenger advance shall


                                                            CASE MANAGEMENT ORDER NO. 1   11
                                                       1       be returned to counsel without interest if the case is resolved
                                                       2
                                                               prior to September 30, 2001. "Resolved" as used herein includes
                                                       3
                                                               an agreement to settle for a specific amount even if the
                                                       4
                                                               paperwork and Court approvals are not completed until after
                                                       5
                                                               September 30, 2001, provided that plaintiff and Defendants
                                                       6
                                                               advise the Court and Plaintiffs' Liaison Counsel in writing of
                                                       7
                                                               the fact of settlement.
                                                       8

                                                       9
                                                               B.   Prior to the entry of judgment and/or termination of

                                                       10      any action and at the time of distribution of the gross

                                                       11      settlement or other proceeds, in any case that is resolved
CONDON & FORSYTH LLP

                       Los Angeles, California 90067
                        Telephone: (310) 557-2030




                                                       12      on or after September 30, 2001, counsel for the defendant
                         1801 Avenue of the Stars




                                                       13      shall withhold 1%, of the gross settlement and issue a
                                                       14
                                                               check for that amount to Juanita M. Madole, Liaison
                                                       15
                                                               Counsel, MDL 1394 for deposit in the PSC Expense
                                                       16
                                                               Reimbursement Fund. The assessment shall be calculated
                                                       17
                                                               based upon the gross proceeds, including the cash value of
                                                       18
                                                               any payment that is structured in whole or in part.   If
                                                       19

                                                               the expense assessment calculated by the Defendant(s) or
                                                       20

                                                       21      Plaintiffs' Liaison Counsel, the Defendant(s) or

                                                       22      Plaintiffs' Liaison Counsel shall report that fact to the

                                                       23      plaintiff's or claimant's attorneys and no distributions

                                                       24      shall be made until agreement is reached with respect to
                                                       25
                                                               the amount of the assessment or until a Court Order
                                                       26
                                                               authorizing or directing payment is entered.   Plaintiffs'
                                                       27
                                                               Liaison Counsel shall treat these amounts in confidence.


                                                            CASE MANAGEMENT ORDER NO. 1   12
                                                       1          C.    The settlement, judgment or termination shall become
                                                       2
                                                                  final and binding upon the parties thereto only upon a
                                                       3
                                                                  showing that the Defendant(s) has withheld and forwarded
                                                       4
                                                                  to Plaintiffs' Liaison Counsel one percent (1%) of the
                                                       5
                                                                  gross amount of the settlement, judgment or termination.
                                                       6

                                                       7

                                                       8
                                                            VI.     DISCOVERY AND LAW AND MOTION

                                                       9
                                                                  The Initial Disclosure requirements contained in Rule 26 are

                                                       10   hereby suspended.       The parties are to commence discovery on liability

                                                       11   and damages issues forthwith.         Defendants' initial law and motion
CONDON & FORSYTH LLP

                       Los Angeles, California 90067
                        Telephone: (310) 557-2030




                                                       12   matters shall be filed by August 30, 2001.
                         1801 Avenue of the Stars




                                                       13

                                                       14
                                                            VIII.      SECOND STATUS CONFERENCE
                                                       15
                                                                  The Court hereby schedules a second status conference on
                                                       16
                                                            October 5, 2001 at 10:00 a.m.
                                                       17

                                                       18
                                                            DATED:      July    , 2001
                                                       19                                           GARY A. FEESS
                                                                                                    United States District Judge
                                                       20

                                                       21

                                                       22

                                                       23

                                                       24

                                                       25

                                                       26

                                                       27




                                                              CASE MANAGEMENT ORDER NO. 1      13
                                                       1                                      PROOF OF SERVICE
                                                       2

                                                                 I declare that I am over the age of eighteen and not a party to
                                                       3
                                                            this action. My business address is 1801 Avenue of the Stars, Suite
                                                       4    1450, Los Angeles, California 90067. On the date indicated below, I
                                                            served the following document(s) described as
                                                       5
                                                            CASE MANAGEMENT ORDER NO. 1
                                                       6
                                                            on the interested parties in this action, addressed as stated on the
                                                       7    attached service list:
                                                       8
                                                            (    )       By Mail. By placing each document in a sealed
                                                       9
                                                                         envelope, with postage thereon fully prepaid, in the
                                                                         United States Mail at Los Angeles, California.
                                                       10
                                                            ( X )     By Mail in the Ordinary Course of Business. I am readily
                                                       11   familiar with the firm's practice of collecting and processing
                                                            correspondence for mailing. Under that practice, it would be
CONDON & FORSYTH LLP

                       Los Angeles, California 90067
                        Telephone: (310) 557-2030




                                                       12   enclosed in a sealed envelope, with postage thereon fully prepaid,
                         1801 Avenue of the Stars




                                                            and deposited with the United States Postal Service at Los Angeles,
                                                       13   California, on the same day this declaration was executed.
                                                       14
                                                            (    )       By Personal Service. I personally delivered the above-
                                                       15
                                                                         referenced documents by hand.

                                                       16   (    )       By Overnight Courier. I caused the above-referenced
                                                                         document(s) to be delivered by an overnight courier
                                                       17                service to those persons identified on the attached
                                                                         service list.
                                                       18
                                                            (    )       By Facsimile Machine. I caused the above-referenced
                                                       19                document(s) to be transmitted by facsimile machine to
                                                                         those persons identified on the attached service list.
                                                       20

                                                       21   (    )       I am an active member of the State Bar of California
                                                                              and am licensed to practice before this Court.
                                                       22
                                                                      I declare under penalty of perjury that the foregoing is
                                                       23   true and correct.

                                                       24                Executed on July           , 2001 at Los Angeles, California.
                                                       25

                                                       26

                                                       27




                                                                CASE MANAGEMENT ORDER NO. 1
                                                       1                                          Service List
                                                                              In re Air Crash at Taipei, Taiwan on October 31, 2000
                                                       2                                          MDL 1394-GAF

                                                       3    John Greaves, Esq.                             Francis G. Fleming, Esq.
                                                            Baum, Hedlund, Aristei, Guilford &             Brian J. Alexander, Esq.
                                                       4    Downey                                         Kreindler & Kreindler
                                                            12100 Wilshire Blvd., Suite 950                100 Park Avenue
                                                       5    Los Angeles, CA 90025                          New York, NY 10017-5590
                                                            Tel.: (310) 207-3233                           Tel.: (212) 687-8181
                                                       6    Fax: (310) 820-7444                            Fax: (212) 972-9432

                                                       7    Kevin Durkin, Esq.                             J. Paul Stockdale, Esq.
                                                            Clifford Law Offices                           Law Offices of J. Paul Stockdale
                                                       8    120 North La Salle Street                      795 E. 24th St.
                                                            31st Floor                                     Ogden, Utah 84401
                                                       9    Chicago, Illinois 60602                        Tel.: (801) 621-1384
                                                            Tel.: (312) 899-9090                           Fax: (801) 621-1387
                                                            Fax: (312) 251-1160
                                                       10
                                                                                                           Charles M. Finkel, Esq.
                                                            Frank Pitre, Esq.                              Peter T. Cathcart, Esq.
                                                       11
                                                            Cotchett, Pitre & Simon                        Magaña, Cathcart & McCarthy
CONDON & FORSYTH LLP

                       Los Angeles, California 90067




                                                            San Francisco Airport Office Center            1801 Avenue of the Stars, Suite 800
                        Telephone: (310) 557-2030




                                                       12
                         1801 Avenue of the Stars




                                                            840 Malcolm Road, Suite 200                    Los Angeles, CA 90067
                                                            Burlingame, CA 94010                           Tel.: (310) 553-6630
                                                       13
                                                            Tel.: (650) 697-6000                           Fax: (310) 785-9143
                                                            Fax: (650) 692-3606
                                                       14                                                  Garo Madirossian, Esq.
                                                            Walter J. Lack, Esq.                           Joseph Barrett, Esq.
                                                       15   Stuart R. Fraenkel, Esq.                       Donald Conway, Esq.
                                                            Engstrom, Lipscomb & Lack                      Madirossian & Associates
                                                       16   10100 Santa Monica Blvd.                       6311 Wilshire Blvd.
                                                            16th Floor                                     Los Angeles, CA 90048
                                                       17   Los Angeles, CA 90067                          Tel.: (323) 653-6311
                                                            Tel.: (310) 552-3800                           Fax: (323) 651-5511
                                                       18   Fax: (310) 552-9434
                                                                                                           Don Nolan, Esq.
                                                       19   Kevin McGuire, Esq.                            Nolan Law Group
                                                            Freberg & Manly                                20 North Clark St., 30th Floor
                                                       20   8001 Irvine Center Dr., Ste. #1500             Chicago, IL 60602
                                                            Irvine, CA 92618                               Tel.: (888) 630-9340
                                                       21   Tel.: (949) 453-1111                           Fax: (312) 630-4011
                                                            Fax: (949) 453-1166
                                                       22                                                  Jamie R. Lebovitz, Esq.
                                                            Brian J. Panish, Esq.                          Kathleen St. John, Esq.
                                                       23   Browne Greene, Esq.                            Brenda Johnson, Esq.
                                                            Linda Shaffer, Esq.                            Nurenberg, Plevin, Heller &
                                                       24   Greene, Broillet, Taylor, Wheeler &            McCarthy, L.P.A.
                                                            Panish LLP                                     1370 Ontario Street Suite 100
                                                       25   100 Wilshire Blvd., 21st Floor                 Cleveland, Ohio 44113-1792
                                                            Santa Monica, CA 90401                         Tel.: (216) 621-2300
                                                            Tel.: (310) 576-1200                           Fax: (216) 771-2242
                                                       26
                                                            Fax: (310) 576-1220

                                                       27




                                                              CASE MANAGEMENT ORDER NO. 1
                                                       1    Juanita M. Madole, Esq.
                                                            John J. Veth, Esq.
                                                       2    Speiser Krause
                                                            One Park Plaza, Suite 570
                                                       3    Irvine, CA 92614
                                                            Tel.: (949) 553-1421
                                                       4    Fax: (949) 553-1346

                                                       5    Gerald C. Sterns, Esq.
                                                            Sterns & Walker
                                                       6    901 Clay Street
                                                            Oakland, CA 94607
                                                       7    Tel.: (510) 267-0500
                                                            Fax: (510) 267-0506
                                                       8
                                                            Michael Jason Lee, Esq.
                                                       9    Law Offices of Michael Jason Lee
                                                            15281 Normandie Ave.
                                                            Irvine, CA 92604
                                                       10
                                                            Tel.: (949) 551-1575
                                                            Fax: (949) 551-1590
                                                       11
CONDON & FORSYTH LLP

                       Los Angeles, California 90067




                                                            Louis Franecke, Esq.
                        Telephone: (310) 557-2030




                                                       12
                         1801 Avenue of the Stars




                                                            Mack, Hazlewood & Franecke
                                                            300 Montgomery Street, Suite 1060
                                                       13
                                                            San Francisco, 94104
                                                            Tel.: (415) 391-1560
                                                       14   Fax: (415) 391-1727

                                                       15   Richard Grotch, Esq.
                                                            Coddington, Hicks & Danforth
                                                       16   555 Twin Dolphin Drive, Suite 300
                                                            Paragon Center
                                                       17   Redwood City, CA 94065
                                                            Tel.: (650) 592-5400
                                                       18   Fax: (650) 692-5027

                                                       19   Kenneth Nolan, Esq.
                                                            Speiser, Krause, Nolan & Granito
                                                       20   140 East 45th Street
                                                            37th Floor
                                                       21   New York, NY 10017
                                                            Tel.: (212) 661-0011
                                                       22   Fax: (212) 953-6483

                                                       23

                                                       24

                                                       25

                                                       26

                                                       27




                                                              CASE MANAGEMENT ORDER NO. 1       16

				
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